The Federal High Court in Abuja has awarded N200 million in damages against the Nigeria Police Force over the unlawful killing of Mallam Kabiru Babai.
The suit was filed by Mr Okpi Adaafu on behalf of the Muslim Community of Gwarimpa Estate, Abuja.
Delivering judgment on Thursday, Justice Peter Lifu held that the applicant proved her case on the balance of probabilities through affidavit evidence.
“The fundamental right to life of the applicant’s husband was unlawfully violated by the conduct of the 4th respondent,” the judge held.
Justice Lifu said the declaratory reliefs were founded on the constitutional violation and therefore succeeded.
He added that the applicant was entitled to compensatory damages for the unlawful deprivation of her husband’s life.
“The gravity of the violation and its devastating consequences on the widow and children must be taken into account,” he said.
However, the court declined the relief seeking to compel the Attorney-General of the Federation to institute criminal proceedings against Sgt. Moses Samuel.
The court subsequently declared the killing unlawful and an infringement of Babai’s constitutional right to life.
It also ordered the 1st, 2nd and 3rd respondents to commence the prosecution of Samuel.
The court awarded N200 million against the 2nd, 3rd and 4th respondents as compensation and exemplary damages.
“The judgment is so entered,” Justice Lifu ruled.
The News Agency of Nigeria (NAN) reports that Babai was allegedly killed on 3 December 2021 by Sgt. Moses Samuel of the Osun State Police Command.
The deceased was a truck driver, imam, philanthropist and family breadwinner before his death.
According to court documents, Babai and others were travelling when their truck developed a mechanical fault at Ota-Efun, Osogbo, Osun State.
While Babai was underneath the truck carrying out repairs, police officers reportedly arrived in a minibus and engaged the driver in an argument.
During the incident, one officer allegedly shot the co-driver, Harisu Musa, in the hand.
Babai reportedly emerged from beneath the truck and questioned why the driver had been shot.
Court records showed that an officer struck Babai with a shovel and repeatedly kicked him.
The records added that Sgt. Moses Samuel hit Babai with the butt of his rifle before shooting him in the chest.
“The bullet penetrated his heart and he died on the spot,” the court heard.
The officers reportedly fled, but bystanders apprehended one of them and took him, along with Babai’s body, to the police command.
Babai’s remains were later moved from the Osun State Police Command to the mortuary at UNIOSUN Teaching Hospital, Osogbo, before being taken to Bauchi State for burial.
Although the police indicted Samuel for murder, he was not prosecuted and no support was provided for Babai’s family.
Adaafu filed Suit No. FHC/ABJ/CS/1292/2022 on 3 August 2022 on behalf of Babai’s widow, Balkisu Kabiru Babai.
The respondents were the Police Service Commission, the Inspector-General of Police, the Commissioner of Police, Osun State Command, Samuel, and the Attorney-General of the Federation.
The applicant sought declarations that the killing was unlawful and violated Babai’s fundamental right to life.
She also sought an order compelling Samuel’s prosecution and claimed N2 billion as compensation and exemplary damages.
The Attorney-General of the Federation filed a preliminary objection, challenging the court’s jurisdiction and his inclusion as a party.
He argued that the Federal High Court in Abuja was not the proper venue for the case.
The attorney-general also maintained that the police remained the appropriate authority to prosecute Samuel.
Adaafu opposed the objection, urging the court to dismiss it. He argued that the AGF relied on the Federal High Court Rules instead of the Fundamental Rights (Enforcement Procedure) Rules.
He also cited Section 174 of the 1999 Constitution, which empowers the AGF to institute and undertake criminal proceedings.
The Inspector-General of Police and the Commissioner of Police, Osun State Command, also filed a counter-affidavit.
They argued that they could not be held liable for acts allegedly committed outside the scope of Samuel’s official duties.
Adaafu disagreed, insisting that Samuel acted in the course of his official duties alongside other police officers.